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19930727 1993-32ORDINANCE NO. 1993- 32 AN ORDINANCE ADDING SECTION 14-5.1 (f), AMENDING SECTIONS 14-5.3 (a) (2), 14-5.5 (b), 14-5.6 (c), 14-5.7 (a), 14-5.7 (b) AND 14-5.8 (e) AND ADDING SECTION 14-5.8 (j) OF ARTICLE I, CHAPTER 14 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA CONCERNING BINGO AND RAFFLE PERMIT REQUIREMENTS, DEFINITION AND REGULATION OF DUCK RACES, LOCATION OF DRAWINGS, GROSS RECEIPTS FOR INSTANT BINGO, REPORTS OF GROSS RECEIPTS, AUDIT REQUIREMENTS AND PARTICIPATION IN MANAGEMENT OR OPERATION OF BINGO GAMES OR RAFFLES. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 14-5.1 (f) of Article I, Chapter 14 of the Code of the City of Fairfax, Virginia is hereby added and that Sections 14-5.3 (a) (2), 14-5.5 (b), 14-5.6 (c), 14-5.7 (a), 14- 5.7 (b) and 14-5.8 (e) of Article I, Chapter 14 of the Code of the City of Fairfax, Virginia are hereby amended and that Section 14- 5.8 (j) of Article I, Chapter 14 of the Code of the City of Fairfax, Virginia is hereby added, all sections to read in their entirety as follows: Sec. 14-5.1. Bingo and raffles--Definitions. (f) "Duck race" means a game of chance played by releasing numbered, inanimate toys (ducks) into a body of moving water. A person who has been assigned the same number as the first duck to cross a predetermined point in the water (the finish line) is the winner. Other prizes may be awarded on the basis of the order in which the ducks cross the finish line. Any and all restrictions and requirements applicable to the conduct of raffles in this article shall also apply to the conduct of duck races. Sec. 14-5.3. Same--Same--Issuance; requirements; duration; waiver; where valid. (a) (2) A permit shall be valid only in the city and only at the locations designated in the permit application. However, a permit may be issued to an organization which relocates its meeting place on a permanent basis from another jurisdiction to the City, provided such organization has complied with the requirements of paragraph (1) herein with respect to such other jurisdiction, and was the holder of a valid permit in the other jurisdiction at the time of the relocation. An organization which has obtained a permit under this section to conduct a raffle may sell such raffle tickets both in and out of the city, and may conduct its drawing either in the jurisdiction in which a majority of the tickets were sold or in the jurisdiction issuing the permit, except that pull-tab devices as defined in Section 18.2-340.1 of the Code of Virginia, used as part of a raffle may be sold only upon the premises owned or exclusively leased by such organization and at such times as it is not opened to the public, except to members and their guests. 1993=32 Section 14-5.5. Same--Same--Instant bingo (b) The gross receipts in the course of a reporting year from the playing of "instant bingo" shall not exceed fifty percent (50) per cent of the gross receipts of an organization's bingo operation. Section 14-5.6. Same--Reports of gross disbursements required receipts and (c) Any organization having annual gross receipts from bingo games or raffles in excess of two hundred fifty thousand dollars ($250,000.00) as shown on its annual financial report, shall attach to such report an opinion of a licensed independent certified public accountant that: (1) The annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash; (2) The proceeds of any bingo games or raffles have been used, in all respects, for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized; and (3) The gross receipts have been used in all material respects in accordance with the provisions of this article. The failure to file the opinion of a licensed independent certified public accountant, when required, shall cause the automatic revocation of the permit and no organization shall conduct any bingo game or raffle thereafter until the opinion required by this subsection is properly filed with the report and a new permit is obtained. The opinion required by this section is in addition to the audit and audit fee required by section 14-5.7. Section 14-5.7 Same--Same--Audit required; fee (a) Ail reports filed pursuant to section 14-5.6 shall be audited under the direction of the director of finance or his designee; however, any report filed by an organization with gross receipts of less than $2,000 for the designated reporting period shall be exempt from the audit requirement. All reports shall be a matter of public record. Section 14-5.7 Same--Same--Audit required; fee (b) An audit fee shall be payable in an amount equalling the reasonable cost of the audit, as conducted by an independent auditor or accountant retained by the city. All such fees shall be made payable to the city, and shall accompany each annual report. 1993-32 Section 14-5.8. Same--Same--Other prohibited practices (e) Except for persons employed as clerical assistants by organizations composed of or for deaf or blind persons, employees of a corporate sponsor of a qualified organization, or members of civic and fraternal groups, only bona fide members of any organization who have been members of such organization for at least ninety (90) days prior to such participation, shall participate in the management, operation or conduct of any bingo game or raffle; provided, however, that the following persons may so participate if a bona fide member is present: (1) The spouse of any bona fide member, or (2) A salaried or compensated firefighter or rescue squad member who is both employed by the city and associated with a volunteer fire department or rescue squad meeting the requirements of section 14-5.1. No person shall receive any remuneration for participating in the management, operation or conduct of any such game or raffle. Persons employed by organizations composed of or for deaf or blind persons may receive remuneration not to exceed thirty dollars ($30.00) per event for providing clerical assistance in the conduct of bingo games or raffles only for such organizations. Persons eighteen (18) years of age and under who sell raffle tickets to raise funds for youth activities in which they participate may receive nonmonetary incentive awards or prizes from the organization provided that organization is nonprofit. Section 14-5.8. Same--Same--Other prohibited practice~ (J) No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the preceding five years, he has been convicted of a felony or crime of moral turpitude. Further, no person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local permitting authority or by a court of competent jurisdiction to have been operated in violation of state law or local ordinance. This ordinance shall become effective as provided by law. INTRODUCED : PUBLIC HEARING: ADOPTED : ATTEST: ~,~ City Clerk~~ July 13, 1993 July 27, 1993 July 27, 1993 '~~YOR